Court Allows Government to Keep CIA Torture Report Secret

In a significant ruling, the U.S. Court of Appeals for the 2nd Circuit determined that the Freedom of Information Act (FOIA) does not apply to the Senate's 2012 report on CIA torture programs, effectively blocking public access to the 6,700-page document. This decision comes after years of efforts by the CIA to keep the report confidential, citing national security concerns. The ruling follows a recent moment of transparency when defense lawyers at Guantanamo Bay were permitted to release a photo of a detainee subjected to CIA interrogation techniques in 2004. The Senate Select Committee on Intelligence initiated an investigation into the CIA's interrogation practices after discovering that the agency had destroyed evidence of torture. Despite the completion of the investigation, the CIA has consistently sought to prevent the report's findings from being disclosed. The Department of Justice has argued that even if it holds a copy of the report, it remains the property of the Senate, thus exempt from FOIA requests. In 2017, the Trump administration requested that various agencies return their copies of the report to the Senate, aiming to further restrict access to its contents. The Senate committee has labeled the report as "highly classified" and sensitive, indicating that it should not be included in any executive branch records. While the Senate retains the authority to release portions of the report, ordinary citizens currently lack the legal standing to compel its disclosure.